9Ci - Potential Violations, Tom Steffens

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Wilderness RLL, _. October 16, 2008 Dawn Bittner City of Pequot Lakes 4638 County Road 11 Pequot Lakes, MN 56472 Re: Wilderness Resort—Building Permit—Cease and Desist Dear Ms. Bittner: I have been recently advised that construction of a unit at Wilderness has been completed in violation of the Cease and Desist Order issued by the City. Construction of the unit in question commenced in December 2007 and was completed in May 2008. Initially, we were under the mistaken impression that the issues which gave rise to the Cease and Desist had been addressed and that process for restoration had been agreed upon. I also assumed that the building permit had been issued. Construction was completed over a span of six months. The Cease and Desist Order listed the steps to be taken as curative action. I believed that (1) the corrective action we undertook to remove sand, replace soil, install silt fencing and seed the affected area with restorative plantings, and (2) the meetings and discussions we had with ~` Community Growth Institute and members of the City Planning Commission, resulted in the lifting of the Cease and Desist. This occurred before construction of the unit in question was commenced. I subsequently have learned that the Cease and Desist is still in effect and that the City wants further restorative vegetation planted. Permits remain on hold. As a result, I have hired a landscape architect to develop a landscape plan for the affected beach area that will be submitted for review. This plan will address the beach restoration as well as the use and maintenance of the entire waterfront. I would also like to point out, in my defense, that before undertaking improvement to the beach area, I checked the approved plan which showed a second beach. I also asked my engineers if this was the approved plan and was advised it was correct. We both did not recall that changes were made to the approvals by the City Council that was never incorporated into plan form. As we have stated,this was our oversight and I agree to restore this area. At this point, based on efforts and commitments to submit and seek your approval of our waterfront plan, I would like to request that the restriction on permit issuance be removed by lifting the Cease and Desist Order. I would also request the issuance of the permit for Unit 21 that was in process at the time of the Cease and Desist. I have been unable to secure a permit for almost a year. I have to build new units if the project is to move forward. I believe I have demonstrated good faith in removing the improvements to the beach area and attempting to complete the restoration process, 6600 France Av. S., Suite 680.Edina,MN 55435 (952)922-1912 (888)263-3500 www.wildemessresortvillas.com